Articles deals with public interest litigations


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Indiana J Glob Legal Stud ; Deva S. Public interest litigation in India: A critical review. CJQ ; Litigation for claiming health rights: Insights from tobacco control. Health Hum Rights Understanding how graphic pictorial warnings work on cigarette packaging. J Public Policy Mark ; Implicit motivational impact of pictorial health warning on cigarette packs.

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PLoS One ;8:e Effect of graphic cigarette warnings on smoking intentions in young adults. PLoS One ;9:e Hammond D. Health warning messages on tobacco products: A review.

Difference between Writ Petition & PIL

Tob Control ; The appeal of smokeless tobacco products among young Canadian smokers: The impact of pictorial health warnings and relative risk messages. Effects of including a graphic warning label in advertisements for reduced-exposure products: Implications for persuasion and policy. J Appl Soc Psychol ; Public policies and the tobacco industry.

Econ Polit Wkly ; Arora M, Yadav A. Though no hard and fast rules have been laid down in this regard, in S. Gupta and others Vs U. I and others, popularly known as Judges transfer case the supreme court elaborately stated the rule in this regard. However, the court observed that it would have to be decided from case to case as to whether person approaching the court for relief has sufficient interest and has not acted with malafide or political motion.

Protection of Weaker Sections of Society Public or social interest litigations is innovative strategy which has been evolved by the supreme court for the purpose of providing easy access to justification to the weaker sections of Indian humanity and it is powerful tool in the hands of public spirited individual and social action groups for combating exploitation and injustice and securing for the under privileged segments of society their social and economic entitlement.

Mehtha Vs state of Tamil Nadu, the Supreme court issued directions for the welfare and protection of children employed in match factories.

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In numerous cases, the supreme court has passed orders and issued directions for the welfare and protection of labor. The supreme court in this case passed an order for Payment for minimum wages to the labor.


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Protection of Environment In M. Mehtha Vs Union of India U.

I in this case the supreme court ordered for closure of tanneries near Kanpur which were polluting river Ganges and creating Industrial pollution affecting lifetime of world wonder Taj mahal Securing Human Rights And Human Dignity In Bandhu Mukthi morcha Vs Union of India, the supreme court said Article 21 assures the Right to Live with Human dignity, includes free from exploitation. However, great care and caution is needed on the part of court in entertaining PIL. Judiciary may step in where it finds the actions on the part of Legislature or the executive is illegal or unconstitutional but the same by itself would not mean that public interest litigation would be converted into an adversarial litigation.

Review of Litera ture Desai and Muralidhar — PIL is being misused by people agitating for private grievances in the grab of public interest and seeking publicity rather than espousing public causes Jain — PIL is a weapon which must be used with great care and circumspection; the courts need to keep in view that under the guise of redressing a public grievance PIL does not encroach upon the sphere reserved by the Constitution to the executive and the legislature.


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Conclusion Public Interest Litigants, all over the country, has not taken very kind towards various court decisions. It is a welcome move from the part of the judiciary that no one in the country even PIL activists must be responsible and accountable. Now a day, PIL are increasing in number as there are a number of incidents which curtails or hurts the feeling of people as well as their rights as the citizens of the country.

The concept of PIL is in harmony with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. Before the s, only the aggrieved party could approach the courts for justice. After the emergency era the high court reached out to the people, devising a means for any person of the public or an NGO to approach the court seeking legal remedy in cases where the public interest is at stake.

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Public Interest Litigation

In PIL vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this. Further, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment. The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation.

Many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs. The flexibility of procedure that is a character of PIL has given rise to another set of problems.

Public interest litigation: Supreme Court issues landmark judgments - Lexology

It gives an opportunity to opposite parties to ascertain the precise allegation and respond specific issues. The credibility of PIL process is now adversely affected by increasing misuse of PIL by people agitating for private grievance in the grab of public interest and seeking publicity rather than public cause.

In a bid to regulate the abuse of PIL, the apex court itself has framed certain guidelines in reference with the governance, management and disposal of PILs. The court must be careful to see that the petitioner who approaches it is acting bonafide and not for personal gain, private profit or political or other oblique considerations.

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articles deals with public interest litigations Articles deals with public interest litigations
articles deals with public interest litigations Articles deals with public interest litigations
articles deals with public interest litigations Articles deals with public interest litigations
articles deals with public interest litigations Articles deals with public interest litigations
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